92Australian Criminal Intelligence Commission Bill 2026 No. , 2026

92 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 92 Application by telephone or other electronic means1 General requirements for application2 (1) The Director-General may, by telephone or other electronic means,3 apply under subsection 90(1) to a Judge of the Federal Court for an4 order that a person deliver a travel document to the5 Director-General if:6 (a) there are urgent circumstances; or7 (b) the delay that would occur if an application were made in8 person would frustrate the effective execution of the order.9 (2) The Judge:10 (a) may require communication by voice to the extent that it is11 practicable in the circumstances; and12 (b) may make a recording of the whole or any part of any such13 communication by voice.14 (3) An application made in accordance with subsection (1) must15 include all information required to be provided in a written16 application under subsection 90(1), but the application may, if17 necessary, be made before the information is sworn or affirmed.18 Judge may make order on electronic application19 (4) Subsection (5) applies if an application is made to a Judge under20 this section and the Judge, after considering the information and21 having received and considered such further information (if any) as22 the Judge requires, is satisfied that:23 (a) an order in the terms of the application should be issued24 urgently; or25 (b) the delay that would occur if an application were made in26 person would frustrate the effective execution of the order.27 (5) The Judge may make an order of the same kind that can be made28 under subsection 91(2).29 Note: A function or power conferred on a Judge under this section is30 conferred on the Judge in the Judge’s personal capacity: see31 subsection 100(1).32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 93 (6) If the Judge makes an order under subsection (5), the order must be1 made in the same manner and form as an order of the same kind2 that can be made under subsection 91(2).3 Director-General must confirm application in writing4 (7) The Director-General must, before the end of the day after the day5 the order is signed, cause the Judge to be given:6 (a) an application in writing completed by the applicant; and7 (b) if the information referred to in subsection (3) was not sworn8 or affirmed—that information duly sworn or affirmed.9 (8) An order is not invalid merely because the applicant does not10 comply with subsection (7).11